Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
Section 423 of the Indian Penal Code, 1860 deals with dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 423, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 322 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jaldhar Thakur vs The State of Bihar
Court's Decision & Legal Precedent
When a dispute arising from a financial transaction involves disputed questions of fact regarding payment terms and amounts, and the underlying transaction is documented through a written agreement, such disputes are primarily matters for civil remedy rather than criminal prosecution. Anticipatory bail may be granted in such cases where the facts do not clearly establish criminal intent, subject to conditions ensuring the petitioner's cooperation with the trial and protection of evidence.
On this section: Punishment for criminal breach of trust - alleged offence in the FIR
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Md. Shamim Ahmad vs The State of Bihar
Court's Decision & Legal Precedent
When an accused apprehends arrest in a case involving allegations of forgery where the signature authenticity is disputed and requires investigation, anticipatory bail may be granted with stringent conditions including cooperation with investigation, availability for police questioning, and local sureties with immovable property, while reserving the court's right to cancel bail if serious material emerges during investigation.
On this section: Punishment for forgery - charge against petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 423
What have the courts held on Section 423 of the Indian Penal Code?
Jaldhar Thakur vs The State of Bihar (19 Apr 2017) is the leading judgment on this section among those set out below: Punishment for criminal breach of trust - alleged offence in the FIR. Another 1 judgment on this section is set out below.
How do I find court cases under Section 423 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 423, section 423 IPC, section 423 of the Indian Penal Code. People searching for it also type ipc 423 punishment and ipc 423 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jaldhar Thakur vs The State of Bihar (19 Apr 2017).
What should I read with Section 423 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 322 (Dishonest or fraudulent execution of deed of transfer containing false statement of consideration), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 423 of the Indian Penal Code come into force?
Section 423 of the Indian Penal Code, cited as IPC 423, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.